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(영문) 제주지방법원 2016.10.20 2014가합6189
부당이득금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Construction and lease 1) Defendant Non-Decree Co., Ltd. (hereinafter “Defendant Non-Decree”)

on November 3, 1999, A,421 square meters (hereinafter referred to as “instant site”) from the Korea Land Corporation in Jeju-si, Jeju-si.

(2) On December 30, 199, the Defendant Non-Decree purchased the apartment construction site with the purchase price of KRW 5,526,470,000 (hereinafter “instant apartment”). The Defendant Non-Decree obtained approval from the Jeju Mayor for the modification of the business plan to build the publicly constructed rental housing on the instant site; around that time, he newly constructed the B apartment with 240 households of 10 stories on the ground of the instant housing site (hereinafter “instant apartment”).

The floor area of the apartment of this case is 84.9508 square meters for each household, 29.8181 square meters for public residential area, and 19.2380 square meters for other public areas, and 17.6915 square meters for underground floors.

3) On February 23, 2000, Defendant father-young entered into a lease agreement with each lessee (except for Plaintiff 164 C, 170 D, 171 E, and excluding Plaintiffs, F, and G) after obtaining approval for the announcement of the recruitment of the apartment of this case from the Jeju Mayor, and obtained a pre-use inspection on May 28, 2001. (B) Defendant father-young applied for the conversion of the apartment of this case (five years) to the sale of the apartment of this case at Jeju, around October 23, 2006, after the expiration of the mandatory rental period of the apartment of this case (five years) and obtained approval for the conversion of the sale of the apartment of this case (the entire 240 households) from the Jeju Mayor.

2) From around January 2009 to around that time, Defendant father-young (except Plaintiff Nos. 160, 164 C, 170 D, 171 E, 185 I), F (No. 305 Dong 1001), G (No. 301 Dong 301 Dong 303) and each sales contract (hereinafter “instant sales contract”).

A) Around October 2010 to December 2012, 2010, Plaintiff H and I concluded each sales contract with Defendant Unyoung Housing and paid the sales price.

(C) Succession to the Status of the Parties 1) Defendant Non-permanent Housing Co., Ltd. (hereinafter “Defendant”).

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